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It is I once more! When my H and I spoke the other night, he said I would be the one who would leave the house and not him. He claims that he has paid the taxes for the last 10 years and the utilities. The house was purchased by my parents for us and has no mortgage.
Paris
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Well, whose name(s) are on the land title? If your parents names are on it, since they bought it, then they decide who lives there or not.
If they bought it for you, perhaps both your name and your H's name are on the land title, in which case it belongs to both of you, 50/50, regardless of who paid the taxes and utilities.
Lastly, where I live there is something called dowry rights, and it means that even if the house is just in your spouse's name, that you have 50% ownership rights to the house because you are married to them and have shared living in the house with them for years.
In short, don't believe a word your H says. Find out whose name(s) are on the land title, and also talk to a lawyer about your rights. DO NOT MOVE OUT.
Hope this helps,
Jen
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In PA, it doesn't even matter who's name is on the title or if it's mentioned in the pre-nupt. You can't force a mate to leave the marital home.
Just make sure he doesn't get nasty and change the locks when you're out.
See your lawyer asap. If you don't have a lawyer, now is the time to invest in one. You need to protect yourself.
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Thanks for the answers. Although my name only appears on the house, because this is a no fault state, I believe that the home would be a 50-50 split. In that case, do I buy his 1/2 even if he has been paying taxes the past 10 years of about 9K each year?
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Don't go there yet. It's less about a "no fault" than it is about "common property." Most states are common property which means it doesn't mean squat whose name is one what. This is why you need to see your lawyer for real information.
I'm not even sure him paying the taxes will mean anything one way or another. It could, but it doesn't necessarily.
And even within a state, different jurisdictions will rule slightly differently.
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<small>[ March 08, 2004, 05:55 AM: Message edited by: KitG ]</small>
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Let me add to those recommending that you get a lawyer! There are some things you should never do.
Never, never ask a barber if you need a haircut!
Never, never, ever take legal advice from your STBX!. As a lawyer, an EX would make a teriffic blacksmith.
The business about he paid the taxes and insurance is absolute nonsense. The taxes and insurance were paid from income during the marriage. The government, city, county, or federal really doesn't care if Elmer Fudd, Bugs Bunny and Daffy Duck paid the real estate taxes. All they care is that the taxes got paid. It has nothing at all to do with ownership.
And don't lose half of your house because of what you "believe."
Get the lawyer. They get paid to figure these things out.
<small>[ February 10, 2004, 10:09 AM: Message edited by: Bumperii ]</small>
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Thanks everyone for your responses. The home is in my name only, but the att. who came with me to the closing 16 years ago recently told me that it is still marital prop and thus would be split 50-50. The home was not given as a gift technecally, so I don't think it would be considered that.
I do feel better having all of you respond with this concern. Thanks again.
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